Legal Definitions

Common Legal Terms Explained

A defendant's (may be called respondent in a divorce case) first pleading in a case, which addresses the dispute on the merits and presents any defenses and counterclaims.

Child Support

Court-ordered payments, typically made by a noncustodial divorced parent, to support one's minor child or children.

Child Support Factors

The court may order payment of child support after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent.

Child Support Guidelines

Child support guidelines are based on income, not expenses. The percentage of support is calculated based on the total number of children for which a parent has an obligation to support. Some state guidelines provide an adjustment for work-related child care costs.

Child Support Worksheet

In many states, the court will use a Child Support Guidelines Worksheet to figure out how much child support to order. To complete a Worksheet you and the other parent must disclose information such as: income; child care payments; health insurance payments; dental and vision insurance payments; other child support payments, and the number of children the child support order will cover.

Co-Plaintiff

A plaintiff s the party who initiates a lawsuit (or files for divorce). A co-plaintiff is someone who is plaintiff in an action with another. In some states, a couple may file the divorce action together, as co-plaintiffs.

Complaint

The first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights (such as seeking divorce) against another. The party filing the complaint is usually called the plaintiff and the party against whom the complaint is filed is called the defendant.

Contested Divorce

The contested divorce is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. When spouses cannot arrive at an agreement, even with the assistance of their legal counsel (if any), they must approach a court to adjudicate their dispute.

Cooling Off Period

An automatic delay in certain jurisdictions, apart from ordinary court delays, between the time when Divorce papers are filed and the divorce hearing takes place.

Clerk of the Court

An officer of a court of justice who has charge of the clerical part of its business, who keeps its records and seal, issues process, enters judgments and orders, gives certified copies from the records, etc.

Cover Sheet

A Case Information Statement (or Cover Sheet) is a document which is filed with a court clerk at the commencement of a civil lawsuit in many of the court systems of the United States.

Custodial Parent

In a divorce, the custodial parent is the parent with whom the couple’s child primarily resides, and who cares for and supervises the child on a daily bases. It is not necessary for the court to have awarded one parent sole physical custody to be considered a custodial parent, as even in the most common arrangements of joint physical custody, the parent who has more time with the child is considered custodial.

Deadlines

In a divorce case, the parties must meet certain deadlines, such as filing papers and documents, by a certain date. Failure to meet deadlines may result in penalties, and if the other party meets the deadline and you don't, the court can accept the information provided by the other party. Failure to meet deadlines can hurt your case!

Declaration

A declaration is a written statement submitted to a court in which the writer swears 'under penalty of perjury' that the contents are true. That is, the writer acknowledges that if he is lying, he may be prosecuted for perjury. Declarations are normally used in place of live testimony when the court is asked to rule on a motion.

Defendant

If your spouse has filed for divorce he or she is the Plaintiff in the case. You are the Defendant. Being a defendant in a divorce case isn't like being a defendant in a criminal case. It doesn't mean you are the person who did something wrong or that you are in trouble.

Deposition

A formal statement, or testimony, given under oath.

Discovery

Soon after a divorce action is filed, the parties will exchange information related to their respective economic, financial, and personal situations -- including the extent of their property ownership, debt, and income. The exchange of this information is known as the "discovery" process.

Dissolution

In most states, "dissolution of marriage" is the same as “divorce,” meaning the process by which a couple can end their marriage permanently. However, in a few states, a dissolution of marriage is not the same as a divorce, because it can only be used for certain cases, such as where a couple agrees to the dissolution and agree on every related issue.

Entry of Appearance

When an attorney wants to appear on behalf of a client in a civil case, the first thing to be done by the attorney is to file an entry of appearance, requesting the court to enter the attorney's appearance on behalf of the litigant. in some states, parties to divorce who do not choose to hire an attorney must file an entry of appearance for themselves.

Equitable Distribution

Division of marital property between husband and wife.

Fault Grounds

In a fault divorce, one spouse claims that the other is to blame for the relationship falling apart. Each state that allows fault divorce has a distinct list of substantial wrongdoings for which a spouse may request a fault divorce. The most common grounds are adultery and abuse, but even in these cases, specific requirements must be met in order for a fault divorce to be considered.

Filing Fee

A fee that is paid at the time of filing of the complaint.

Final Judgment

A Decree of Divorce is also known by different names in different states, such as: Final Judgment of Divorce, Decree of Dissolution, Decree of Divorce and Final Judgment of Dissolution of Marriage.

Financial Statement

Statement of parties’ assets, liabilities, and net worth. Some states also require the parties to disclose income and expenses in the financial statement.

Hearing

A legal proceeding where an issue of law or fact is tried and evidence is presented to help determine the issue.

Information Sheet

Same as Cover Sheet. Some states use the term Information sheet instead of cover sheet.

Interrogatories

Written questions that are formally put to one party in a case by another party and that must be answered.

Irreconcilable Differences

A typical no-fault ground for divorce.

Irretrievably Broken

Same as irreconcilable differences.

Joint Petition

Some states allow couples to file joint petitions for divorce, but not all states. A joint petition divorce means the married couple petitions the court for a divorce together. They both sign and file the "joint petition for dissolution of marriage" as a simplified, uncontested or no-fault divorce. They generally agree to proceed with the divorce in a collaborative manner, without major disputes over fault, property division or child custody.

Joint Custody

Some States allow joint custody in certain cases where both parents are entitled to care for and obtain information about the children. Support may still be paid and joint custody may be equal or divided. Some courts do not favor joint custody while others routinely accept it. Joint custody does not necessarily mean equal time parenting. Depending on your state’s definition, it may simply mean both parents have meaningful involvement.

Joint Property

Property owned by husband and wife equally.

Jurisdiction

Jurisdiction generally describes any authority over a certain area or certain persons. In the law, jurisdiction sometimes refers to a particular geographic area containing a defined legal authority.

Legal Custody

Sole legal custody means you can make all decisions regarding your child, including such issues as schooling, religion, medical care and housing. With legal custody you do not have to take into consideration the wishes or opinions of the other parent. However, most states prefer awarding joint legal custody based on the best interests of the child.

Marital Property

Property acquired during the marriage.

Military Affidavit

Under a Federal Soldiers and Sailors’ Civil Relief Act, a divorce action may not be allowed to proceed if the defendant is in the active military service. This affidavit states that the defendant is not in the active military service and is required to be filed in most States in order to show the Court that the action can proceed because the defendant is not in the military.

No-Fault

Uncontested agreed divorce.

No-Fault Grounds

No need to prove actual fault grounds

Non-Custodial Parent

The non custodial parent is the parent who does not have physical custody of the child, although they may have joint legal custody. Generally, the non custodial parent is obligated to pay child support and will be granted visitation rights.

Petition

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred.

Physical Custody

Primary physical custody is a term that is often used in child custody orders to denote the parent with whom a child spends or lives the majority of the time with.

Plaintiff

The person who started the divorce case.

Pleading

Pleadings vary depending on the state you live in and the details of your marriage, but generally include the complaint, responses to the complaint, financial affidavits, petitions, and the divorce judgment.

Request for Admissions

A request for admissions (sometimes also called a request to admit) are a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations.

Residency Requirement

The length of time one or both parties must reside in the state before a divorce action may be filed.

Separate Property

Property not considered marital property.

Settlement Agreement

Agreement between husband and wife settling all property, alimony, child support, custody, and other issues.

Summons

The summons is a legal document that informs the other spouse that a divorce has been filed, describes what is being asked for, such as alimony or custody, and informs him of his rights and responsibilities concerning the case, and also informs him of any upcoming deadlines.

UCCJEA

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. As of January 22, 2016, the only state that has not adopted the UCCJEA is Massachusetts.

Uncontested

An “uncontested” divorce is where both spouses agree on all issues concerning the divorce, including but not limited to the division of marital property and debts, child custody, child support, and spousal support.

Venue

The preferred venue for divorce is where the parties last resided as a married couple.

Visitation

In a Divorce or custody action, permission granted by the court to a noncustodial parent to visit his or her child or children. Custody may also refer to visitation rights extended to grandparents.

Waiting Period

Some states impose mandatory waiting periods when parties file divorce. The specific waiting periods for divorces differ among states, but the range of time for waiting periods is usually six months to more than a year.

Waiver of Process

A person filing for divorce may request the respondent spouse to give up the requirement of serving papers. A waiver of service is consent given by a respondent to waive service of process. By waiving service of process, the respondent agrees to accept the petition without formal service by a process server.

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